Commencement of the Cybercrimes Act

4th December 2021|ICT Law, ICT Law, Social Media law|

The President has proclaimed the commencement of the lion’s share of the Cybercrimes Act, No 19 of 2020, with effect from the 1st of December 2021. The sections omitted from commencement are largely related to the implementation of enforcement mechanisms, and are presumably omitted so as to allow the necessary administrative arrangements to be made.


Dismissal versus retrenchment due to restructuring: Operational or Unfair?

21st January 2021|Articles, Labour Law, Litigation|

A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an employer’s proposals aimed at avoiding retrenchments, and where the employer commences to dismiss the employee by reason of its operational


The Importance of a Social Media Policy

13th October 2020|ICT Law, ICT Law, Social Media law|

Social media has become an indispensable part of communicating and doing business in modern life. The reality is that most employees are likely to use at least one social media platform and have a social media personality that extends outside the parameters of their workplace. Employers are encouraged to have a social media policy in


The ‘Give and Take’ of the The Employment Equity Amendment Bill, 2018 (the “Bill”)

26th February 2019|Commercial Law, Labour Law, Labour Law|

The Employment Equity Amendment Bill, 2018 (the “Bill”) and draft Employment Equity Regulations (the “EE Regulations”) are a direct consequence of the Department of Labour’s twenty-year review into the effectiveness of the Employment Equity Act, 55 of 1998 (the “EEA”). Although the provisions introduced by the Bill are not yet fully enforceable, their implications for


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